JASUBHAI MANUBHAI KATARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I - 178 of 2015 with Mahuva Police Station, Dist. Bhavnagar for the offences punishable under Sections 376 (d), 506 (2) and 114 of the Indian Penal Code.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.

(3.) Having heard the learned advocate for the parties and perused the papers of investigation. I have considered the fact that the FIR has been lodged by the prosecutrix after a period of about five months from the date of the alleged incident. I have also perused the further statement given by her making allegations against her husband also. I have also considered the fact that the prosecutrix was residing with her parents since last five months from the date of lodgment of the FIR. Taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia and Ors., as reported at (1980) 2 SCC 665.